Boating is a favorite pastime for many Floridians, but a day on the water can turn tragic. Negligence can arise in many ways, including reckless boat operators, defective equipment, or intoxicated drivers.
Victims of boat accidents can suffer severe or fatal injuries. They may also endure financial distress due to hefty medical expenses and the inability to work. You may have a right to compensation in a boating accident caused by someone else’s negligence.
Even so, you must deal with the resistance from insurers who work hard to minimize their financial liability. At Frankl Kominsky Injury Lawyers, our boating accident aattorneys help victims understand their rights and initiate compensation claims.
Whether you suffered an injury on a jet ski, fishing boat, or yacht, you don’t have to face the aftermath alone. Our experienced Florida boating accident attorneys will investigate the cause, determine liability, and fight for the justice you deserve.
Boating Accidents Key Takeaways
- After a boating accident, seek immediate medical care, report the crash to authorities, and notify your insurer promptly to protect your rights.
- Liability may fall on the operator, owner, manufacturer, or rental company, depending on the cause.
- Proving you weren’t at fault requires evidence such as witness statements, GPS data, and official reports.
- Boat insurance claims in Florida generally resolve within 90 days, but can take longer for complex cases.
- A boating accident lawyer can investigate, establish liability, negotiate with insurers, and pursue full compensation on your behalf.
- Call a boating accident attorney to understand your options and fight for a fair and just settlement.
What to Do After a Boat Accident
Although being involved in a boating accident is overwhelming, your actions after the accident can enhance your wellness and protect your legal rights. Here’s what to do after a boating accident:
Seek Immediate Medical Attention
You should seek immediate medical attention even if you feel fine or are involved in a minor crash. Many injuries common in water accidents, such as concussions or whiplash, may not show immediate symptoms, as cold water immersion can mask pain until hours later.
A healthcare provider can reveal hidden injuries and initiate a treatment plan. Visiting a healthcare center documents the injury and treatment plan. The medical records link the injuries to the boating accident.
Seeking immediate medical attention also protects your legal rights. A boating accident lawyer can use the medical records to prove the extent of your injury and support your claim. An insurer can also question the severity of your injury if you delay seeking medical attention.
File a Crash Report With the Local Police
After a boating accident in Florida, it’s crucial to file a crash report with the local police or the Florida Fish and Wildlife Conservation Commission (FWC). Reporting the incident creates an official record documenting the time, location, weather conditions, and parties involved.
A crash report is a source of evidence when pursuing an insurance claim or personal injury lawsuit. Notifying law enforcement can violate Florida boating laws, especially if injuries, fatalities, or significant property damage occur.
The responding officers will conduct an initial investigation, collect witness statements, and assess whether negligence, speeding, or intoxication played a role. A boating accident lawyer can use a police crash report to establish liability and support your claim.
Notify Your Insurer About the Crash
You should report the damage or loss to your insurance company as soon as possible after the accident. Insurance policies require prompt notification, and failure to comply can result in claim denial or cancellation.
Early notification allows insurers to allocate resources, assign adjusters, and initiate evaluation. Reporting your claim quickly after a boat crash can resolve it faster. Your insurer may cover your injury-related losses if the at-fault party has no insurance or is underinsured.
It is advisable to refrain from making statements or signing official documents about the accident before speaking to a boating accident lawyer. An insurer can take advantage of you by making a low settlement offer, hoping you’ll accept it before understanding the full extent of your losses.
Consult a Boating Accident Attorney
After a crash, you should speak with a boating accident attorney to protect your rights and strengthen your compensation claim. A skilled boating accident attorney guides you through every stage of your case.
Here’s what a boating accident lawyer does for you:
Evaluating the Merits of the Case
A boating accident attorney will assess the facts of your accident to determine whether you have a valid claim. They’ll review the accident report, medical records, and witness statements to evaluate the strength of your case.
They can also estimate the potential settlement value and advise you whether to initiate a claim or lawsuit.
Establishing Liability
Boating accidents often involve multiple parties, such as operators, rental companies, or manufacturers. A boating accident lawyer will investigate who was at fault by analyzing evidence like GPS data, photos, and operator conduct to build a solid liability case.
Negotiating With Insurers
Insurance adjusters work hard to minimize the financial obligation of their employers. A boating accident attorney understands these tactics and can negotiate on your behalf. They will work hard so you receive a fair settlement that covers your losses.
Adhering to Legal Timelines
In Florida, boating accident victims generally have two years from the crash date to file a personal injury lawsuit under the state’s statute of limitations. Missing this deadline can forfeit your right to compensation.
A boating accident lawyer understands the applicable timelines in your case and will help initiate a timely claim.
Representation in Court
If settlement negotiations fail, a boating accident lawyer can take your case to trial. They’ll present evidence, question witnesses, and argue your case before the judge or jury. Having skilled representation in court ensures your voice is heard and maximizes your chances of a favorable outcome.
Who Is Liable in a Boating Accident
Determining liability in a boating accident requires identifying which party's negligence caused the incident. Depending on the details and circumstances of the crash, multiple parties may share responsibility.
Here are different parties who may be liable:
The Boat Operator
The boat operator involved in the accident typically faces the first assessment of fault. Boat operators have many responsibilities to their passengers and crew, and they can cause injury or death in numerous ways.
Boating operators face liability for accidents caused by negligence, including operating under the influence of alcohol or drugs, excessive speeding, or failing to follow maritime laws.
The Boat Owner
A boat owner can also be responsible for a boating accident. They must properly maintain their boat and provide safety equipment onboard. They may be liable if the injury or death occurred due to the boat owner's failure to maintain their vessel.
They also face responsibility if they negligently entrust their boat to an operator they know is careless or reckless.
Manufacturers and Rental Companies
A boat accident sometimes results from a boat’s design or a faulty component. The boat or component manufacturer faces liability when this occurs. Rental companies must ensure their vessels are seaworthy and equipped with the necessary safety equipment.
They are also responsible for verifying that renters possess the required knowledge and qualifications to operate the boat.
Other Liable Parties
If the boat accident occurred while the boat was docked, the dock or marina owner might be responsible. If another passenger recklessly or negligently causes injury or death to another passenger, they can be held liable for their behavior.
Maintenance and repair service providers face responsibility if negligent maintenance or improper repairs cause an accident.
How to Prove Accident Not Your Fault
Proving that a boating accident wasn’t your fault requires strong evidence and strategic legal representation. Florida boating accidents often occur due to operator negligence, mechanical defects, or unsafe water conditions.
However, you must link the negligent action to the accident or your injury. A skilled boating accident attorney collects and presents key evidence to prove that another party’s actions caused your injuries.
A boating accident lawyer can use the following sources of evidence to prove your crash:
Police and FWC Reports
Official crash reports from law enforcement or the Florida Fish and Wildlife Conservation Commission (FWC) contain information about the accident’s cause. The reports also include statements from involved parties and any citations issued.
A boating accident attorney can use a police crash report to establish liability and prove negligence.
Witness Statements
Eyewitnesses who saw the collision or the events leading up to it can help confirm that you followed boating rules and that another operator acted recklessly or carelessly.
Photos and Videos
A boating accident attorney can use visual evidence from the scene to support your claim. They can use photos of damaged vessels, injuries, and weather or water conditions to demonstrate how the crash occurred and why you weren’t responsible.
GPS and Electronic Data
Modern boats often have GPS systems or onboard electronics that record speed, location, and navigation patterns. A boating accident attorney can use the data to show you were operating safely and within the rules when the accident occurred.
Professional Testimony
A boating accident lawyer may work with marine accident reconstructionists to analyze the evidence and recreate the collision. They can provide professional opinions on how the accident happened and who was at fault.
Maintenance and Inspection Records
If the other vessel lacked proper maintenance or had known defects, these records can demonstrate mechanical negligence instead of operator error on your part.
Medical Records
A boating accident lawyer can use medical records to document the timing and severity of your injuries. For example, they can use a diagnostic report to prove the harm resulted directly from the boating accident and not a prior condition.
Alcohol and Toxicology Reports
If the other operator was under the influence of drugs or alcohol, toxicology results can clearly shift liability away from you. These results provide objective evidence that can prove the other party’s negligence and support your claim for damages.
Boating Accidents Frequently Asked Questions
When Should You Report a Boating Accident?
In Florida, you should report a boating accident without delay. You should notify the authorities within 48 hours if someone dies, requires medical treatment beyond first aid, or disappears from the vessel.
If property damage exceeds $2,000, you must file reports within ten days. Report to the Florida Fish and Wildlife Conservation Commission's Division of Law Enforcement, the county sheriff, or local police.
How Long Does a Boat Insurance Claim Take?
In Florida, insurance companies have 14 days to acknowledge receipt of a claim and 90 days to settle it. However, injury claims typically resolve within a few weeks, with complex cases taking longer.
Key factors affecting timelines include the extent of damages and injuries, documentation completeness, and negotiation speed between parties. Delaying your initial report can negatively affect your ability to recover compensation.
A boating accident lawyer submits a prompt report, documents the claim, and expedites the settlement.
Why Is My Accident Case Taking So Long?
Boating accident cases often take longer due to the process of investigations and determining fault among multiple parties. For instance, a boating accident attorney must establish whether the operators, boat owners, or manufacturers are liable.
Gathering maritime evidence, witness statements, and professional reports can be time-consuming. Additionally, insurance negotiations and medical evaluations may extend the process, especially when severe injuries or disputed liability are involved.
Speak With Our Boating Accident Lawyers About Your Claim
An injured victim may experience loss of enjoyment of life after a boating accident. For example, someone who once loved water sports may no longer feel safe returning to the water. They must also prove how the negligent party's actions contributed to their losses.
Our experienced boating accident lawyers at Frankl Kominsky Injury Lawyers can investigate the incident, gather proof, and build a strong claim to maximize your recovery. You can count on us to handle the legal aspects as you focus on recovery. Call us at (561) 800-8000 to schedule a free consultation.